What is the relationship between a trustee de son tort and the trust property?

British Columbia, Canada


The following excerpt is from Green Light Solutions Corp. v. Baker, 2021 BCCA 287 (CanLII):

The required relation between the trustee de son tort and the trust property has been described as “substantial legal control or possession of the trust property”, although the case law has not been entirely consistent: Watt v. Health Sciences Association of British Columbia, 2016 BCCA 325 at para. 91; Waters at 515.

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